Jharkhand High Court
Geeta Devi vs The State Of Jharkhand on 3 April, 2019
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 2433 of 2018
Geeta Devi ..... Petitioner
Versus
1. The State of Jharkhand
2. Sunil Kumar Verma ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Pradeep Kumar Nayak, Advocate.
For the State : A.P.P.
For the O.P. No. 2 : Mrs. Rashmi Kumari, Advocate.
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Reserved On : 29/03/2019 Pronounced On : 03/04/2019
The instant Cr.M.P. has been preferred by petitioner namely, Geeta Devi under the provisions of Section 439 (2) of the Cr.P.C. with a prayer to cancel the bail application of opposite party no. 2 namely, Sunil Kumar Verma, who was admitted on bail in A.B.A. No. 2310 of 2017 under order dated 12.12.2017 by this Court.
It appears that opposite party no. 2 namely, Sunil Kumar Verma, who had preferred A.B.A. No. 2310 of 2017 as he is accused in Complaint Case No. 1043 of 2016 registered under Sections 406, 420, 498A, 379, 34, 120B of the I.P.C. and Section 3 / 4 of the Dowry Prohibition Act, pending in the court of Sri Dharmendra Kumar, Judicial Magistrate, Giridih, lodged on the basis of complaint filed filed by instant petitioner namely, Geeta Devi, who is wife of opposite party no. 2, namely, Sunil Kumar Verma.
After hearing both the parties, under order dated 12.12.2017, this Court passed following order:-
"In the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below on or before 10.01.2018 and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Giridih in connection with Complaint Case No. 1043 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, subject to the further condition that the petitioner is directed to regularly pay the current ad interim maintenance @ RS. 2,500/- per month to the O.P. No.2.
Further, petitioner is directed to deposit the arrears of ad-interim maintenance of the month of October, 2017 to January, 2018 total Rs. 10,000/- on the date of surrender.-2-
Further, after deposition of the amount, the trial Court shall issue notice to the informant- Geeta Devi and on her appearance and after proper verification, the trial Court shall release the aforesaid amount to the informant and informant is also directed to furnish the correct bank account number to the trial Court and trial court shall ensure that the ad-interim maintenance amount must be deposited in the account of the O.P. No.2 from the month of February, 2018 onwards.
Further, the petitioner is directed to pay the current ad interim maintenance @ RS. 2,500/- per month latest to be deposited by 25th day of the English calender in the account of O.P. No.2.
The aforesaid ad-interim maintenance will be paid till disposal of the case.
Further, if the petitioner defaults in making payment for two successive months, it shall be open to the informant to file an application for cancellation of bail of the petitioner.
This order of ad-interim maintenance granted to the O.P. No.2 is subject to the result of the order passed by competent jurisdiction."
It is submitted that the opposite party no. 2 despite direction given in A.B.A. No. 2310 of 2017 has not complied with the order and have not paid ad interim maintenance @ Rs. 2,500/- latest by 25th day of English Calender to the petitioner. Hence, the instant application.
This case was filed on 23.07.2018 and on 24.08.2018, notices were issued to opposite party no. 2. It appears that on 04.01.2019, learned counsel for the opposite party no. 2 appeared through learned counsel and the matter was directed to be listed on 08.02.2019 and on that date, learned counsel for the opposite party no. 2 prays some time as opposite party no. 2 was failed to appear, so the matter was directed to be listed on 08.30.2019 and both the parties were directed to remain physically present.
When the case is called out, today also opposite party no. 2 failed to appear.
No counter affidavit has been filed on behalf of the opposite party no. 2.
As the opposite party no. 2 has failed to pay ad interim maintenance @ Rs. 2,500/- per month to the petitioner and has violated the order of this Court, the bail -3- granted to the petitioner in A.B.A. No. 2310 of 2017 is hereby cancelled.
Cr.M.P. No. 2433 of 2018 stands allowed. Trial court is directed to take all coercive steps against the opposite party no. 2 including issuance of non-bailable warrant of arrest against the opposite party no. 2.
Let a copy of order be sent to the court below.
(Anant Bijay Singh, J.) Sunil/